The following case study demonstrates Independent Mental Capacity Advocacy through the role of Relevant Person’s Representation for someone subject to a Deprivation of Liberty Safeguard (DoLS).
Julian is an elderly gentleman who has lived in his hometown all his life and he worked as a shipwright for many years. He has always been a sociable man, enjoying a pint at his local working men's pub and had friends and family who lived nearby. After suffering from diabetes for most of his adult life, Julian had one of his legs amputated and subsequently used a prosthetic leg. He gave up work due to his health issues but was still able to walk unaided and maintain his mobility. Julian was admitted to hospital having suffering a fall in May 2023 and during this time he was assessed and deemed to lack capacity. He was discharged to a local nursing home and a DoLS authorisation was put in place. After a short period of time, he was transferred to another care home which was in his hometown, and a new DoLS authorisation was granted.
People first were instructed by the Supervisory Body to undertake the role of Relevant Person's Representative (RPR) to provide support to Julian in relation to the DoLS authorisation that was in place for him. When the RPR first met Julian, he showed no signs of lacking capacity and was happy to chat at length and explain about how he missed his home he had lived in for many years . Julian also demonstrated that he could walk unaided and administer his own insulin for his diabetes.
I want to go home and be free to live my life how I want. - Julian
The RPR also spoke with Julian about what his options would be, and what support he thought he would need if he returned home. The RPR agreed with Julian to instruct a solicitor to raise a section 21A challenge so that Julian's wish to return home could be considered by the Court of Protection. The RPR also asked the Supervisory Body if a new assessment of Julian's capacity could be carried out and this was subsequently undertaken by a Doctor who deemed Jimmy to have capacity to decide about his residency and care and support.
It was thought that at the time of the previous capacity assessment, Julian was suffering from delirium which is why he has since been able to regain capacity. As Julian had been re-assessed as having capacity, the DoLS authorisation was no longer valid, and Julian is now free to return home. Julian's social worker has made a referral for an Occupational Therapy assessment to be carried out so any necessary adaptions can be made to his home and is arranging for a care agency to be ready to provide care and support to him when he returns home.
The RPR swiftly identified that a section 21A challenge should be made to the Court of Protection and that a review of Julian's capacity was needed. If the RPR had not been involved it is likely that Julian would continue to be deprived of his liberty, living in an environment where he did not want to be.
Julian is delighted to be returning home and can't wait to meet up with friends again for a pint in his local club.
If you would like to find out more about how our Independent Mental Capacity Advocates (IMCA) can help you, please read our 'Good to Know' guide here.
Support from an Independent Mental Capacity Advocate (IMCA) is free, confidential and independent from health and care services.
If you think you are eligible for a independent Mental Capacity Advocate (IMCA), please reach out to your social worker or local Adult Social Care office.
If you have tried to contact your social worker or local office and have had difficulty, please contact us directly and we can help you.
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